dismissed in Magistrates' Court yesterday.

On Wednesday, the court heard that the man was spotted on July 3, 1992 by two Policemen patrolling the railway trail behind Spicelands Riding Centre in Warwick.

They said they saw the man sitting on an embankment. As they approached, they said it appeared he was masturbating.

Defence lawyer Mr. Timothy Marshall told the court it would make no sense to masturbate in plain view of the road.

Senior Magistrate the Wor. Will Francis told the court that he had no doubts in dismissing the charge.

Under reporting restrictions which came into effect on June 1, 1993, it would be illegal for The Royal Gazette to print the defendant's name.